PC Res 4314RESOLUTION NO. 4314
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THE CITY COUNCIL
APPROVE MODIFICATION (PLN2016-73) TO PREVIOUSLY-
APPROVED PLANNED DEVELOPMENT PERMITS TO ALLOW
THE EXTERIOR REMODEL OF AN EXISTING BUILDING
LOCATED ON THE CITY'S HISTORIC RESOURCE INVENTORY
(GEORGE HYDE CO. SUNSWEET GROWERS) AS WELL AS
ASSOCIATED ON AND OFF-SITE IMPROVEMENTS AND A TREE
REMOVAL PERMIT (PLN2016-154) ON PROPERTY LOCATED AT
300 & 307 ORCHARD CITY DRIVE. FILE NO.: PLN2016-73/154)
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file number PLN2016-73 & 154:
Environmental Finding
1. An Initial Study has been prepared for the project which provides documentation for
the factual basis for concluding that a Negative Declaration may be adopted since no
substantial evidence exists, in light of the whole record, that the project may have a
significant effect on the environment.
Evidentiary Findings
1. The project site is designated Central Commercial by the General Plan Land Use
Element.
2. The project site is the Water Tower Plaza and includes portions of City parking lots
and right-of-way located at and along south side of Orchard City drive, west of
Railway Avenue, and east of S. First Street.
3. The proposed Modification (PLN2016-73) would allow exterior facade and site
upgrades to the Water Tower Plaza.
4. The proposal is intended to renovate the site with `particular sensitivity to the early
eras of the Campbell Fruit Growers Union and the George E. Hyde Company' (1892-
1937).
5. The proposal would remove non-historic elements of the building and site,
reconfigure entrances, and improve accessibility.
6. The proposal includes a request to remove two olive trees (which are in poor
condition), and one podocarpus tree (which is in conflict with proposed
improvements).
7. The proposed Modification serves to supersede previous Planned Development
Permits which allowed for minor incremental renovations and changes to the site
overtime (i.e. PD84-02, PD84-05 & M92-11). The subject permit is intended to
supersede these previous entitlements with the intent of establishing a single permit
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which will serve to regulate the site and architectural design of the site, and
streamline the permit review and processing of future entitlements.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The action is allowed within the applicable zoning district with a Modification of the
previously approved Planned Development Permit(s), and complies with all other
applicable provisions of this Zoning Code and the Campbell Municipal Code;
2. The action is consistent with the General Plan;
3. The project would be consistent with the following General Plan and Downtown
Development Plan goals, policies and strategies. Together, these documents speak
to a desire to promote and enhance a downtown environment that provides a
desirable and distinct balance of land uses:
General Plan
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of
residential, industrial and commercial neighborhoods, each with its
own individual character; and allow change consistent with
reinforcing positive neighborhood values, while protecting the
integrity of the city's neighborhoods.
Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of
attractive and convenient commercial and office uses that provide
needed goods, services and entertainment.
Strategy LUT-5.3g: Day and Evening Activities: Encourage restaurant and specialty
retail uses in the Downtown commercial area that will foster a
balance of day and evening activity.
Strategy LUT-9.1 c: Land Use Objectives and Redevelopment Plans: Permit only
those uses that are compatible with land use objectives and
redevelopment plans.
Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood
services within walking distance of residential uses.
Policy LUT-19.1: Campbell Downtown Development Plan: Ensure that new
development within the Downtown Area complies with the
requirements of the Campbell Downtown Development Plan.
Strategy LUT-19.1 a: Mix of Uses: Encourage a compatible mix of uses (i.e.
professional offices, services and retail uses) with ground floor retail
uses.
Downtown Development Plan
Goal LU-1: To continue the development and revitalization of the Downtown
areas in a manner that positions it as a viable, self-sustaining
commercial district in the competitive marketplace of Silicon Valley.
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Goal LU-2: Work to develop and promote a variety of retail businesses and
diversification of eating establishments that will help create a unique
destination and identity for Downtown.
Policy LU-2.1: Ground Level Commercial: Develop and maintain the ground floor
space along East Campbell Avenue between Third Street and the
light rail tracks as a distinctive retail and restaurant experience with
ground floor uses that are diverse and interesting and contribute
strongly to a distinctive and unique shopping experience.
Strategy LU-6.1 a: Expand the Downtown boundaries while maintaining a scale
that is in keeping with the "small town" image identifiable in the
community and create a comfortable experience for the pedestrian.
4. The proposed site is adequate in terms of size and shape to accommodate the
fences and walls, landscaping, parking and loading facilities, yards, and other
development features required in order to integrate the use with uses in the
surrounding area;
5. The proposed site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic the use would be expected to generate;
6. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the
subject property;
7. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use, or be detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the city;
8. The zoning designation for the project site is P-D (Planned Development). Exterior
alterations to a historic property in this zoning district may occur with the approval of a
Planned Development Permit;
9. The project consists of exterior facade and site upgrades to the Water Tower Plaza;
10. The proposal is intended to renovate the site with particular sensitivity to the early
eras of the Campbell Fruit Growers Union and the George E. Hyde Company (1892-
1937);
11. The proposal would remove non-historic elements of the building and site,
reconfigure entrances, and improve accessibility;
12. The changes proposed by the project are consistent with the Historic Preservation
Ordinance, and the Secretary of Interior Standards and do not detract from the
existing architectural character of the building or site;
13. The proposed exterior changes are consistent with the purpose of the Historic
Preservation ordinance to enhance the visual character of the city by encouraging
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and regulating the compatibility of architectural styles within historic districts reflecting
unique and established architectural traditions;
14. The three trees proposed for removal are not protected under the City's Tree
Protection Ordinance on the basis of their size or species;
15. The retention of the podocarpus tree would restrict the economic enjoyment of the
property as it would preclude the redevelopment of a significant building entry and is
in direct conflict with the proposed improvements;
16. The applicant has demonstrated (by way of photographs) that the two olive trees
proposed for removal should be removed as they are either diseased or in danger of
falling in consideration of their state of decline and poor health;
17. The proposed replacement trees (a minimum of three 24-inch box trees) will be a
sufficient replacement for the trees to be removed and will continue the diversity of
tree species found in the community; and
18. No substantial evidence has been presented from which a reasonable argument
could be made that shows that the project, as currently presented and subject to the
required conditions of approval, will have a significant adverse impact on the
environment.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the
City Council approve a Modification (PLN2016-73) to previously approved Planned
Development Permits to allow the exterior remodel of an existing building listed on the
City's Historic Resource Inventory (George Hyde Co. Sunsweet Growers) as well as
associated on and off-site improvements and a Tree Removal Permit (PLN2016-154) on
property located at 300 8~ 307 Orchard City Drive, subject to the attached Conditions of
Approval (attached Exhibit "A").
PASSED AND ADOPTED this 26th day of July, 2016, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
~I
ATTEST:
Finch, Kendall, Reynolds, Rich and Young
None
Dodd, Bonhagen
None
APPROVED: ~~ !~~ ~
vonne Kendall, Acting Chair
Paul Kergnoyan, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Modification to PD Permits & Tree Removal Permit - 300 & 307 Orchard City Drive
(PLN2016-73 ~ PLN2016-154)
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws
and regulations and accepted engineering practices for the item under review. Additionally,
the applicant is hereby notified that he/she is required to comply with all applicable Codes
or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval is granted for Modification (PLN2016-73) to previously
approved Planned Development Permits (PD84-02, PD84-05, and M92-11) to allow
the exterior remodel of an existing building that is listed on the City's Historic
Resource Inventory (George Hyde Co. Sunsweet Growers) as well as associated on-
site and off-site improvements and a Tree Removal Permit (PLN2016-154) to allow
the removal of protected tree(s). The project shall substantially conform to the Project
Plans stamped as received by the Community Development Department on February
25, 2016, with the inclusion of the two page desk item provided at the July 26, 2016
Planning Commission meeting, except as may be modified by the Conditions of
Approval specified herein.
2. Building Permit Submittal: The construction plans submitted for building permit review
shall incorporate the following revisions/notes:
a. Benches: The existing benches are to be noted with their wood to be replaced or
repaired. Alternatively, the benches may be replaced with simple industrial
benches complementary to the site renovations. Should the existing benches be
removed, efforts should be demonstrated to donate the benches to other sites in
the downtown.
b. Trash Cans: Trash bins throughout the project site shall be replaced with trash
duo (recycling/trash) or trash trio (recycling, compost, trash) bins. The design of
the trash bins should be consistent with the design of the site renovations.
c. Historic Plaques: The existing plaque (mounted to a rock in front of the Building
I/J entry) shall be incorporated into the newly proposed entrance in that area.
Other historic plaques and signs throughout the site shall be noted as being
moved to the lobby or front entries and surrounded with more modern framing.
d. Trees: The landscape plans shall note the proposed location, species and
installation of three (24-inch min.) box trees. The species of the trees shall not be
Eucalyptus or a `Fruit Tree' as defined by the Campbell Municipal Code.
Compliance with these requirements shall be subject to the review and approval of the
Director of Community Development.
3. Environmental Recordation Fee: Within three calendar days of permit approval, a
check in the amount of $2,260.25 made payable to the 'Santa Clara County Clerk-
Exhibit A -Conditions of Approval ~ 300 & 307 Orchard City Drive (PLN2016-73/154)
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Recorder' shall be provided to City staff. This payment is required to record the
environmental determination on the project.
4. Items Required Prior to Building Permit Issuance/Final: Prior to building permit
issuance, a Master Sign Permit shall be submitted for review and consideration. Prior
to building permit final, the Master Sign Permit application shall be deemed complete
by the City.
5. Permit Expiration: The Modification (PLN2016-73) and Tree Removal Permit
(PLN2016-154) approved herein shall be valid for two years from the date of final
approval. The City Council will be the final approval authority for the purpose of this
condition. Within this two year period an application for a building permit must be
submitted. Failure to meet this deadline will result in the Modification and Tree Removal
Permit being rendered void.
6. Previous Conditions of Approval: The previously approved Conditions of Approval
provided in Planned Development Permits PD 84-02, PD8405 & M92-11 shall be void
and shall permanently be superseded in their entirety by the Conditions of Approval
specified herein.
7. Rehabilitation: All features dating to the complex's drying and canning eras should be
rehabilitated wherever feasible. If any of these features are found to be deteriorated,
careful repair is preferred treatment. If deterioration is severe enough so that the
feature has failed, the replacement should match the original in design, color, texture,
and materials.
8. Historic Plaque: The applicant shall submit plans for a historic plaque to be installed
on either a monument or on a plaque in visible location on the property. The design,
placement, and installation method of the plaque shall be to the satisfaction of the
Community Development Director.
9. Brick: New brick, where added to the entry of Building J, shall be differentiated from
the old/historic brick of the building (such as accentuating the reveal around the brick
facade entry) to the satisfaction of the Community Development Director.
10. Contractor -Unexpected Conditions: In the event that unexpected damage or historic
features (e.g. signage, murals, historic openings or brickwork) are discovered during
the construction process, the contractor shall stop work on the affected portion of the
project and seek written authorization of the Community Development Director prior to
proceeding. To obtain authorization, the contractor shall work with the project
architect/applicant to evaluate options to restore the existing material to the extent
feasible. Where the severity of deterioration requires replacement, the new feature will
match the old in design, color, texture, and, where possible, materials. Replacement
of missing features will be substantiated by documentary and physical evidence to the
satisfaction of the Community Development Director.
11. Salvage: Where significant historic features cannot be restored in place, they shall be
salvaged for use elsewhere on the site, donated to a historic agency, or used for
interpretive display.
Exhibit A -Conditions of Approval ~ 300 & 307 Orchard City Drive (PLN2016-73/154)
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Public Works Department
12. Response Letter: Upon submittal of the Street Improvement Plans, the applicant shall
provide an itemized response letter verifying that all the Public Works Conditions of
Approval have been met or addressed.
13. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall provide a current Preliminary Title Report, grant deed, or
other satisfactory proof of ownership.
14. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. The primary objectives are to improve the quality and reduce the quantity
of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at
the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at
the Source") by the Bay Area Stormwater Management Agencies Association
(BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards
for Stormwater Quality: A Companion Document to Start at the Source ("Using Site
Design Techniques") by BASMAA, 2003.
15. Utility Coordination Plan: Prior to issuance of building permits for the site, the
applicant shall submit a utility coordination plan and schedule for approval by the City
Engineer for installation and/or abandonment of all utilities. The plan shall clearly
show the location and size of all existing utilities and the associated main lines;
indicate which utilities and services are to remain; which utilities and services are to
be abandoned, and where new utilities and services will be installed. Joint trenches for
new utilities shall be used whenever possible.
16. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. First Street and Orchard City Drive have not been reconstructed or
overlaid in the last 5 years. The pavement restoration plan shall indicate how the
street pavement shall be restored following the installation or abandonment of all
utilities necessary for the project.
17. Street Improvement Agreement /Plans /Encroachment Permit /Fees /Deposits
Prior to issuance of any grading or building permits for the site, the applicant shall
execute a street improvement agreement, cause plans for public street improvements
to be prepared by a registered civil engineer, pay various fees and deposits, post
security and provide insurance necessary to obtain an encroachment permit for
construction of the standard public street improvements, as required by the City
Exhibit A -Conditions of Approval ~ 300 & 307 Orchard City Drive (PLN2016-73/154)
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Engineer. The plans shall include the following, unless otherwise approved by the City
Engineer:
a. Show location of all existing utilities within the existing public right of way.
b. No new utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of existing driveway approach on First Street and necessary sidewalk,
curb and gutter.
d. Removal of existing non-accessible compliant curb ramps along Orchard City
Drive frontage.
e. Installation of City standard accessible compliant driveway approach on First
Street.
f. Installation of two accessible complaint curb ramps at the easterly driveway along
Orchard City Drive.
g. Installation of an accessible compliant curb ramp at the intersection of Orchard
City Drive and Central Avenue. The face of curb shall be pushed out to make the
new ramp perpendicular to Orchard City Drive -the existing roadway transition
should be moved east.
h. Installation of traffic control, stripes and signs.
i. Construction of conforms to existing public and private improvements, as
necessary.
j. Submit final plans in a digital format acceptable to the City.
18. Street Improvements Completed for Occupancy and Building Permit Final Prior to
allowing occupancy and/or final building permit signoff for any and/or all buildings, the
applicant shall have the required street improvements and pavement restoration
installed and accepted by the City, and the design engineer shall submit as-built
drawings to the City.
19. Utility Encroachment Permit: Separate encroachment permits for the installation of
utilities to serve the development will be required (including water, sewer, gas,
electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for
sanitary sewer, gas, water, electric and all other utility work.
20. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public improvements,
the City may add conditions to the development/project/permit, at the discretion of the
City Engineer, to restore pavement or other public improvements to the satisfaction of
the City.
21. City Parking Garage: Any repainting of the railings for the adjacent First Street
Parking Garage shall be coordinated through the Public Works Maintenance Section.
Exhibit A -Conditions of Approval ~ 300 & 307 Orchard City Drive (PLN2016-73/154)
Page 5
Building Department
22. Permits Required: A building permit application shall be required for the proposed
Renovations to the (e) commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
23. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
24. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
25. Plan Preparation: This project requires plans prepared under the direction and
oversight of a California licensed Engineer or Architect. Plans submitted for building
permits shall be "wet stamped" and signed by the qualifying professional person.
26. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details. Site address and parcel
numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
27. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms
shall be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
28. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permits,
in accordance with C.B.C Chapter 1, Section 106. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
29. Non-Point Source Pollution: The City of Campbell, standard Santa Clara Valley Non-
point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (size 24" X 36") is available at the Building Division
service counter.
30. Title 24 Accessibility -Commercial: On site general path of travel shall comply with
the latest California Title 24 Accessibility Standards. Work shall include but not be
limited to accessibility to building entrances from parking facilities and sidewalks.
31. Title 24 Accessibility -Commercial: Based upon estimated valuation of this project,
the building shall comply fully with Chapter 11 B of the California Building Code 2013
ed.
32. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
Exhibit A -Conditions of Approval ~ 300 & 307 Orchard City Drive (PLN2016-73/154)
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c. Santa Clara County Department of Environmental Health (Restaurant)
d. San Jose Water Company (279-7900)
33. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as
early as possible in the approval process. Service installations, changes and/or
relocations may require substantial scheduling time and can cause significant delays
in the approval process. Applicant should also consult with P.G. and E. concerning
utility easements, distribution pole locations and required conductor clearances.
Fire Department:
34. Comment 1: Plans reflect on sheet A0.1, that "Fire Sprinkler system" will be a
"Deferred Submittal". Alter the sprinkler system as needed by modifications proposed
at ceilings. Submit shop drawings (3 sets) and a permit application to the Santa Clara
County Fire Department for approval before altering the system. Call (408) 378-4010
for more information.
35. Comment #2: Plans reflect on sheet A0.1, that "Fire Alarm system" will be a "Deferred
Submittal". Submit fire alarm system shop drawings (3 sets) and a permit application
to the Fire Prevention Division for review and approval. Call (408) 378-4010 for more
information.
36. Comment #3: Per "Key Note #1" on sheet A3.1 and "Finish Legend" on sheet A2.2,
the "Ceiling" (in areas indicated on sheet A3.1, detail 16) will be covered with "(N)
Stickwood" (Wood laminate). Please refer to CFC #803.5.1 and indicate which option
of the 3 indicated under CFC #803.5.1 this installation will meet. Provide supporting
documentation demonstrating compliance with the option indicated.
37. Comment #4: Tactile exit signs shall be provided as required to comply with CBC
section 1011.4. Show location on floor plans.
38. Comment #5: NOTE -Egress doors shall be readily openable from the egress side
without the use of a key, thumb turn, or any special knowledge or effort. Manually
operated flush bolts or surface bolts are not permitted, unless any of the conditions
under section 1008.1.9.4 is met. [CBC #1008.1.9] {Sheets A2.1 & A0.3}.
39. Comment #6: NOTE -Interior wall and ceiling finish shall comply with CBC &CFC,
Chapter 8. {Sheets A2.2, A2.3 & A3.1 }
40. Comment #7: This review shall not be construed to be an approval of a violation of the
provisions